My wife's F-1 stamping visa got rejected (IInd time)in India, though she had H-4 to F-1 approved here in US by USCIS. We really want the OPT option that F-1 gives. Once she is back to US on H-4, is there any way that we can get the OPT since she has been maintaining her full time intl. status?

Can we do a lawyer since the embassy is "wrong" in denying the visa since USCIS already approved it and she has only one sem. remaining.

We are very worried. Please help.

best regards, Rajesh

For this exact reason my wife did not travel for stamping of F1 even though she had H4 to F1 COS. When you had approval notice, no need to travel unless it's an emergency or really required.

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slowwin

02-22 02:31 PM

Full time genrally means atleast 9 credit hours per semster (could be more).

If you are in the same job for the same employer and are performing your 40 hours , it's better to be on that H1-B or AOS(EAD) status. This might not be possible in every university and or every graduate program but some of them have evening classes mostly. so you just get into your program and take classes but your status is H1-B or EAD (some universities even consider you domestic or instate for tuition purposes if you were working in that state for more tan year prior to begining the program.

AOS in that case is not jeopardised. I am in your exact situation, and this is what I understand. Always consult your attorney before you proceed. regards, slowwin

Washington: The US Senate today approved a substantial increase in application fees for H-1B and L1 visas, most sought after by Indian IT professionals to fund a $ 600 million emergency package to improve security along the porous Mexican border.

The proposed massive increase in H-1B and L1 visa application fee would primarily affect the top Indian IT companies who rely majorly on these categories of visas to continue with their work in the US. The Senate measure increases the visa fee to $ 2,000 per application on those companies that have less than 50 percent of their employees as American citizens.

"I prefer our source, which is from these companies which are not, as I say they are companies whose whole purpose is to bring people in on H-1B and the vast majority of them from other countries who go back to the other countries. That is a better funding source," Senator Charles Schumer from New York said in his remarks on the Senate floor.

Schumer along with his other democratic colleagues including Senator Claire McCaskill has introduced the legislation in this regard, which was passed by unanimous consent. During the debate, however, Senator John McCain wanted to fund the security along the Mexican border with the stimulus money, which was turned down by Schumer.

"The bottom line is this. I like the H-1B programme, and I think it does a lot of good for a lot of American companies. In fact, in the immigration proposal I made, along with Senator Reid and Senator Menendez, as well as the outline with Senator Graham, we expand H-1B in a variety of ways," Schumer argued.

"There is a part of H-1B that is abused, and it is by companies that are not American companies or even companies that are making something. Rather, they are companies that take foreign folks, bring them here, and then they stay here for a few years, learn their expertise, and go back. We think we should increase the fees when they do that," the Senator said.

Rejecting McCain's proposal to get the funding from the stimulus money, Schumer said: "I hope, even though I cannot accept these amendments, that maybe we could come together on something that we could bring back in September because I do believe we have to secure the border."

Schumer said: "Even in the comprehensive proposal that we made, we said we have to secure the border and do other things as well. It is my belief that securing the border alone will not solve our immigration problems; that until we have comprehensive reform, particularly in making sure employers do not hire illegal immigrants which they now do, even though they do not know they are illegal immigrants because documents are so easily forged, that we have to do comprehensive. But we should do the border. To say we have to do comprehensive does not gainsay that we have to work on theborder and work on it quickly and soon."

It is not clear yet, if this increase would also apply only to those firms that are also H-1B-dependent.

All Politics, .. only senate approved this now Congress has to put on vote and pass this and The President has to Sign, then only this is a Law other wise this remains as a Proposal.

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fromnaija

07-30 10:52 PM

After some extensive search I found the answer I wanted at:

http://www.immigration.com/newsletter1/childprotac.pdf

Visa Availability Date Regression If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.

This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.

http://immigrationvoice.org/forum/showthread.php?t=16188

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pd_recapturing

11-01 07:42 PM

This news might not be directly related to our cause but its very much relevant. Here also, they can come with similar results saying that out of all the IT jobs in US, x % have been gone to immigrants where x > 50. Opponents of our cause may use this gainst us.

Even I was in the same situation till yesterday. I'm a July 2nd filer @ NSC. I got my receipts for I-485/EAD and AP only yesterday. I had to call the customer service and get these numbers. So there's still hope. Hang in there guys. Your receipts should be coming out soon. I'd advice you to call up USCIS and ask them for the status. Good Luck to everyone.

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saketkapur

10-09 07:56 AM

situation is quite different from CA. True, for first time driver's license, you have to show legal status proof. But, you are issued license for 4 years, irrespective of when your current status expires. For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required. There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas. CA is quite cool with respect to DL renewals.

CA is now issuing lisences only until you can show the proof of residency...in my case it was the H1B stamp. Also it took them 3 months to renew my lisence...another reason to keep my H1B and not move onto EAD.

As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have give a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase.

I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??

I truly understand your position my friend and feel sorry to see you go though this.

Here is my suggestion -

Start going to doctor complaining for chest pains, stress, lack of sleep etc. Sign the contract and get your green card. After getting the green card, sue the employer for harassment, exploitation, metal trauma and stress by showing the medical record and visitations with the doctor. And don't worry about this contract, it is illegal and non-enforceable. So don't worry about it and sign it with closed eyes without a second thought. If I were you, I would do the exact same thing.

I think some employers are good and they take care of employees. And like everywhere else in the world, some employers are exploitative and the law doesn't provide provisions to protect/empower the H1b/non-immigrant employees. On top of that, IEEE and Ron Hira want all of us out and are working to put in harsher conditions. They are not suggesting change in law to empower us to prevent any chance of exploitation. So we need to organize ourselves and become part of one organization that could represent us all.

Can you please change the San Jose rally link on main page to this thread http://immigrationvoice.org/forum/showthread.php?t=6365

The old thread is from last week rally in San Jose. I have started a new thread with the updated info. on this one.

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eb3_nepa

03-24 05:20 PM

At one point in time, i was the First to propose a meeting with NumbersUSA, but now i have to agree with Logicliffe. They have a specific agenda and want to reduce ALL forms of immigration.

Fighting them is like banging ur head against the wall. You can argue with someone who is fair and not totally biased against immigration. Even their message on the website is misleading. First they say "NumbersUSA Action is pro-environment, pro-worker, pro-liberty and pro-immigrant." and 2 paragraphs later they say "Those who need to refer to NumbersUSA Action with a short, descriptive modifier should call it an immigration-reduction organization." How it can be "pro-immigrant" and yet be an "immigration-reduction organization", i have no clue.

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belmontboy

01-31 03:38 AM

why is this under "All other Green Card issues"? In this google era, you find solutions to most of your day to day problems with a simple google search. You don't have to create a separate thread for this.

That being said, dispute your bill.

Previous bills often serve as an estimate of one's monthly electricity usage. Any anamolies in current bills can be disputed on comparison with previous bills.

Good luck btw...

dontcareanymore

08-24 12:44 PM

I had 485 interview a month back (previously at the national benefits center) at the local USCIS office. The interview went fine except that they gave me an RFE asking for additional documents verifying employment. Since then I submited documents to the local office a 3 weeks back. Today my supervisor got a call from USCIS Anti Fraud Detection (homeland security) and they left a voice mail that they need to verify my immigration status.

Is this normal? Is there something i need to worry about?

My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status

My supervisor called back but went to voicemail and left a general message

Good for you that your case is straight forward , you were never out of status and you are indeed working for the company that had sponsored your GC. It is good for every one that they are trying to weed out the bad apples. That would mean , speedier movement of dates for genuine cases :)

Nothing to worry if your case is clean. There were couple of other similar on site interviews as reported earlier on this forum..

rogerdepena

08-01 10:47 PM

These are applications entered into the system on August 1st, not the ones received on August 1st.

i disagree, they usually put the date of receipt in there and not the encoded date.